Challenging Lebanon's freedom to insult



 
Lebanon is the envy of its neighbors for its high degree of freedom of expression. But some are asking whether this should include the right to insult. The issue is making front page news because of a defamation case brought by opposition leader Michel Aoun against the pro-government Al-Mustaqbal newspaper.
 
By IBRAHIM HASHEM
 
Michel Aoun.jpg
Michel Aoun was called 'a wild dog' and 'a witless idiot,' among other things. © Bilal Jawish - Al Akhbar

BEIRUT, March 13, 2008 (MENASSAT) – Lebanon's tumultuous political arena is no place for the faint of heart. Insulting each other, often by proxy of the media, is a way of life for politicians here. But when opposition leader Michel Aoun saw the front page of the pro-government newspaper Al-Mustaqbal on January 5, he was shocked by the abuse hurled at him.

Aoun decided to bring defamation charges against the author, cultural editor Paul Shaoul, and against journalist Fares Kashana for another article published on January 22. The case is now in the hands of judge Majed Mozaihem who this week decided to postpone the trial until April 14 to give Shaoul's lawyer, Mostafa Fakhoury, time to come up with a formal defense.

Solidarity campaign

The case has already caused considerable commotion in Beirut, with the pro-government media treating it as an attack on freedom of expression, and a group of intellectuals launching a solidarity campaign in defense of Shaoul; while Aoun's lawyer, MP Ibrahim Kanaan, has openly wondered whether turning to the court system to get justice has somehow become a crime in Lebanon.

The article in question was a column Shaoul wrote on the front page of Al-Mustaqbal.

In the article, Shaoul played on Aoun's name in Arabic to suggest he is a barking dog. He described the leader of the Free Patriotic Movement as "crazy, bossy, insolent and impertinent," "obsessed with power, fascism and oppression," and compared him to "the generals of the Banana, the Lettuce, the Tomato and the Pistachio republics."

Shaoul described Aoun as "a wild dog dreaming of the presidency on his knees and begging any possible outsider." He also called him a "witless idiot who should be put in quarantine and under psychological treatment by a medical committee testing his mental capacities because he has become a danger to society."

That was too much for Aoun, who decided to bring charges.

Tit for tat

According to Jean Aziz, head of the political section at Aoun’s OTV, Shaoul's column is typical of what he calls the "Hariri culture."

On Monday, Aziz threatened to strike back by consecrating a daily section of the evening news to exposing negative news about Saad Hariri, the leader of the Al-Mustaqbal party. (The Hariri family is the owner and founder of Al-Mustaqbal newspaper.)

On Thursday evening, Aziz made good on his threat when OTV launched a new section called, "Harirism under the light."

As for Shaoul, he says, "The battle I'm facing is that of all intellectuals."

He describes his own writing as "the language of controversy and differences, and very different from the one based on insults and defamation used by Aoun himself."

Shaoul fears the case to be "an act of personal vendetta," saying that "after the death of Samir Kassir and George Hawi, no one is left to differentiate between the poet and the fighter."

He also fears what he calls Aoun's "soldier's mentality," and wonders what would become of Lebanese intellectuals and politicians if Aoun was to become president.

According to Shaoul, "General Aoun's attempt to subdue the intellectuals in this matter would open the doors of hell."

He expressed his surprise that those he describes as "treacherous" would turn to the courts "as if they were a tool for getting away with murder."

'If not the courts, then where?'

Aoun's lawyer, Ibrahim Kanaan, wondered, "If the one who feels he is a victim of injustice cannot turn to the courts, where should he turn to?"

"Has turning to the courts become an attack on freedom of expression? he wondered.
 
Many Lebanese intellectuals, including the poets and writers Akel Awit, Abdu Wazzan and Elias Khoury; the actors Raymond Gebara, Antoine Moltaka and Latifa Moltaka; and the movie maker Borhan Alwaiya, have publicly denounced the case, considering it to be a stab at freedom of opinion and expression.

What is clear is that this case is part of a general escalation of the political conflict in Lebanon.

There have been many other cases of defamation charges brought by politicians against journalists in the past three years but none have gotten the attention which Aoun's case against Shaoul has been given in the media.

Regardless, the outcome of this case will help determine once and for all whether there are limits to freedom of expression in Lebanon, and whether there should be in the first place.



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Very good article. I agree

Very good article. I agree that with the way things are going in Lebanon, it's become a free-for-all press devoid of decency and integrity. I strongly support the idea of establishing limits to the freedom of expression in Lebanon, because it has gone far beyond the decent limits of expression. Insults and defamation are not even recognized by the Human Rights Chart. A press that respects itself should know better than to resort to such low means.

"Regardless, the outcome of

"Regardless, the outcome of this case will help determine once and for all whether there are limits to freedom of expression in Lebanon, and whether there should be in the first place." I surely hope not. Freedom of expression is indeed, as one of the commenters said before, bound by certain rules and regulations; it doesn't mean anything goes. It is an ongoing process in which what is acceptable and what is not are determined on a case by case basis. It means that while you have the right to say anything, others have the right to take you to court to see if you have gone too far, AFTER you have said it. And this is why this case will not (and should not) determine once and for all whether there are limits to freedom of expression: it will merely determine where these limits are. And this is not something that will be determined once, this is something that will be determined over and over and over again (hopefully).

Well-written piece but

Well-written piece but lacking in content. For one, the author of this piece seems oblivious to the fact that freedom of expression under international law (ICCPR), to which Lebanon is bound by the way, does limit freedom of expression in the following cases in so far that it is provided by law and necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals. Also, a brief description of what defamation is and if MP Aoun indeed has a case might have given the article an edge. It would've been quite useful to explore this angle particularly since Lebanon still has criminal defamation legislation where imprisonment can be imposed. Defamation according to rights organizations should fall in the civil sphere and not the criminal.

This is not defamation

Just to weigh in further. While one hopes the media abstains from using inflamattory rhetoric as what was used by Shaoul (and others such as almanar on a daily basis) particularly during such a difficult time in Lebanon's existence, this doesnt qualify as defamation as it is an opinion and not facts. If Shaoul was passing this information as facts and it has tangibly hurt MP Aoun's reputation then it can be considered as defamation.

Aoun's defamation case

Maureen Dowd of the New York Times has devoted her two weekly op-ed columns of the last six years to George W Bush. She never had one kind word, in fact, in many instances, insults were flowing one after another. Here we have our dear general who has, all of a sudden, become [so] oversensitive to an op-ed that he feels he needs to quiet reporters through court orders. I can only imagine a country run by such a person. If the general cannot stand the heat of his own game, then he should quit with dignity and quit soon before he destroys Lebanon.
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